1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

가. 이 사건 등록서비스표 1) 출원일/ 등록일/ 등록번호 : C/ D/ E 2) 구 성 : 3) 지정서비스업 : 서비스업 구분 제43류의 짬뽕전문점경영업, 짬뽕전문 식당체인업, 짬뽕전문 중국음식점업, 짬뽕전문 간이식당업, 짬뽕전문 음식준비조달업, 짜장전문점경영업, 짜장전문 식당체인업, 짜장전문 중국음식점업, 짜장전문 간이식당업, 짜장전문 음식준비조달업, 극장식주점업, 뷔페식당업, 음식조리대행업, 음식준비조달업, 주점업, 카페테리아업, 한국식 유흥주점업, 한식점업, 간이음식점업, 관광음식점업 4) 상표권자 : 피고

(b) Composition of the challenged mark 1: 2) User Service: 3 users of Kim Han-sung, Kim Han-sung, Kim Han-sung, Kim Jong-sung, Kim Jong-sung: The plaintiff

C. 1) The Plaintiff asserted that the challenged mark does not fall under the scope of the right of the registered service mark of this case and filed a petition against the Intellectual Property Tribunal for a trial to confirm the scope of the right (negative). 2) The Intellectual Property Trial and Appeal Board deliberated on the instant case as 2014Da1043, Oct. 27, 2014, and dismissed the Plaintiff’s above request for a trial on the following grounds: (a) the mark subject to confirmation as to the similarity of the mark is a combination of diagrams and letters, and the part of the “GNKKI” among which the trademark subject to confirmation indicates the contents of the service business, and thus, is not distinctive. Accordingly, the distinctive mark among the challenged marks is called “YAMJIN”, and the above part is the same as the registered service mark of this case and the designated service business of this case as the similar service business of this case, and the designated service business of this case No. 3 category 4.